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YURISDIKSI : Jurnal Wacana Hukum dan Sains
Published by Universitas Merdeka Surabaya
ISSN : 20866852     EISSN : 25985892     DOI : -
Core Subject : Health, Social,
Health Professions Law, Crime, Criminology & Criminal Justice
The scope of the articles published in YURISDIKSI Jurnal Wacana Hukum dan Sains deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Medical Law, Law and Economic, Sociology of Law and another section related contemporary issues in Law. YURISDIKSI Jurnal Wacana Hukum dan Sains is an open access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 7 Documents
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Search results for , issue "Vol. 14 No. 1 (2019): September" : 7 Documents clear
Sales and Purchase Agreement As The Basis of Land Ownership Transfer Registration In The Context of Tax Amnesty Erika Lierensia
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

In 2016, the President of the Republic of Indonesia legislated the Law of the Republic of Indonesia Number 11 of 2016 on Tax Amnesty. One of the regulated policies is that assets that are still registered in the name of another person and have not been disclosed by the Taxpayer must be disclosed and transferred into the name of the Taxpayer with the exemption of income tax imposition. With this provision, the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Released the regulation Number 15 of 2017 concerning the Registration of Transfers on Land Rights in the Framework of Tax Amnesty, and followed up with the issuance of the Circular Announcement Number 9/SE/X/2017 concerning the Implementation Guidelines of the Regulation of the Minister of Agrarian and Spatial Planning/Head of National Land Agency Number 15 of 2017 concerning Registration of Transition of Land Rights in the Context of Tax Amnesty. This Circular Announcement stipulates that the registration of the transfer of land rights is executed by making a nominee statement letter between the Taxpayer and the Nominee, and if previously the nominee statement letter has not been made but a legal act has been carried out, then the party can use the deed of binding and transfer ownership of rights of the land or apartment that are made by a Notary. The agreement of the transfer ownership of land or the apartment unit referred to is the Agreement on the Binding of Sale and Purchase. With this provision, the registration of the transfer of rights of the land is possible on the basis of the Agreement on the Binding of Sale and Purchase whereas the Agreement is a pledge between the prospective seller and the prospective buyer to transfer the rights of ownership of the land at an agreed price.
HD’S Criminal Liability of Drugs Traffickin Based On Article 114 Section (1) Jo. Article 132 Section (1) Law Number 35 of 2009 On Narcotics A.A. Aditya Dharmasaputra
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

The purpose of this research is to fulfill one of the requirements to earn a Bachelor of Law in Faculty of Law, University of Surabaya.The practical purpose of this paper is to determine whether HD, who buys and sells of narcotics can be held guilty as criminally responsible based on Article 114 paragraph (1) jo. Article 132 paragraph (1) Law Number 35 of 2009 on Narcotics. HD was asked by IJ to buy heroin. HD approved the request by IJ and IJ gave money IDR. 120.000,-. HD bought the heroin from D IDR. 100.000, -, thus he gained profit of 20.000, -, kept in his pockets. The police arrested him before he submitted the heroin to IJ. The judges of South Jakarta District Court adjudicated HD as proven of violating Article 112 paragraph (1) of the Law on Narcotics. The results of the study showed that HD can be held guilty as criminally responsible based on Article 114 paragraph (1) jo. Article 132 paragraph (1) of the Law on Narcotics because it has met the four elements of crime and proper clause on attempted in terms of being an intermediary of drugs transactions.
Authority of Banking Supervision And Regulation By Bank Indonesia And Financial Services Authority (OJK) Asep Hery; Surti Yustianti; Daniel Susilo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

This study analyzes the regulatory and supervisory authority of banks conducted by the Financial Services Authority set out in Law no. 21 of 2011 which was previously undertaken by Bank Indonesia in fact to apply the principles of prudence and good faith principles to banks in order to prevent the risk of banking crime. Banking supervision and regulation after the issuance of the OJK Law (Financial Services Authority), Bank Indonesia as the central bank only acts as a monetary policy regulator to maintain monetary stability. The problem in this research is about the concept of law of regulation and supervision of banking sector by OJK and how the legal relationship with Bank Indonesia. The type of research used is juridical normative, then the data used secondary data and primary data, the approach in this study using conceptual approach, and komporatif. Bank Indonesia's regulatory and supervisory duties transferred to OJK are only related to microprudential, and the banking arrangements by Bank Indonesia are still conducted by Bank Indonesia only macroprudential, while the regulation of banking by OJK is not fully independent.
Lease Agreement Characteristics of Virtual Office Desi Karunia Sari
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

This article is entitled Characteristics of Virtual Office Lease Agreements. This is a normative juridical legal research. The approach used are statute approach and conceptual approach. The problem discussed in this article is Virtual Office lease agreement that uses office addresses as business addresses and make the business address the object of the agreement. In fact, there is no physical address, meaning the object of the agreement is an intangible object that is associated with the validity of the agreement. There are 2 (two) main issues in this research, namely: (1) The concept of objects in a Virtual Office lease agreement rents (2) The application of leasing agreement principle in BW to Virtual Office.
Customers’ Accounts Receivable Late Submission to Curator of Insurance Companies Facing Banckruptcy (Bumi Asih Jaya Insurance Bankruptcy Case) Anisa Retno Kusumadewi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

This is a normative juridical legal research, i.e a research that examines applicable laws and regulations. Decision of the Supreme Court Number 408 K/Pdt.Sus-Pailit/2015 granted a request for bankruptcy by the Financial Services Authority (OJK) because the application fulfilled the bankruptcy requirements as Article 2 paragraph (1) of the Bankruptcy Law which states that the Debtor has two or more Creditors and does not pay at least one debt that has matured and can be billed, is declared bankrupt with a court decision, both on its own request and on the request of one or more creditors. In 2016, Curator also invited creditors and policy holders of PT Asuransi Jiwa Bumi Asih Jaya to attend the first creditor meeting. Policyholders submitted bills to the curator with the deadline for submitting bills on August 30, 2016. Until today, not all of the policyholders of PT Asuransi Bumi Asih Jaya have been paid by the policy and most of them have not received information about bankruptcy assets carried out by the curator. The author examines two points, first the customer position as the insurance policy holder if the insurance company is bankrupt and their legal ffforts as the holders the policy if the insurance company is bankrupt and are late in registering the receivables to the Curator. The customers’ position is viewed from the perspective of Civil Law and Insurance rules, through the principle of lex specialis derograt legi generali, its position as policyholder is included in the preferred creditor. Legal remedies can be taken by the insurance policy holder to the curator because after a company is bankrupt, the bankruptcy is the responsibility of the curator.
Civil Law Review Non-performing Loan Settlement Loans Revolving Funds National Program for Community Empowerment in Urban Ebit Rudianto; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

The purpose of this research is to find out the process of implementing revolving fund loans to PNPMMP and how the settlement of problem loans in revolving fund loans under PNPMMP in terms of the credit agreement law and guarantee law. The problem is the process of implementing PNPMMP revolving loan funds, the obstacles encountered in the process of revolving fund lending and the settlement of problem loans in PNPMMP revolving loan loans in terms of the credit agreement law and guarantee law. The method used in the writing of this thesis is a normative juridical research method and is supported by a descriptive empirical juridical research method, which expresses legislation relating to implementation in society which is the object of research. The lending goes through several stages namely the loan application stage, the inspection stage, the decision stage, and the loan realization stage. This revolving fund loan is very large, felt useful in helping the progress of people's economic life but is not always going well and smoothly, delinquent loans become a common obstacle in the process of lending because revolving non-current funds into problem loans due to KSM defaults due to substandard debtor business, one of KSM members do not make loan repayments, the joint responsibility system is not implemented. Settlement of problem loans is resolved through deliberation and through 3 approaches, namely collecting arrears, rescuing non-performing loans (rescheduling, reconditioning and restructuring) and billing through legal channels.
E-Commerce as a Source of Cyber Crime Reda Manthovani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

E-commerce is a type of electronic business mechanism that focuses on individual-based business transactions using the internet (digital network-based technology) as a medium for exchanging goods or services between two institutions (B to B) and institutions to direct consumers (B to C). The aim of this research is the effectiveness and efficiency of electronic transaction law in Indonesia. The research method used is normative juridical with a statutory approach using primary and secondary legal sources, the results show that crimes committed through online networks are either online auction fraud, check fraud, credit card fraud, trust fraud, identity fraud, pornography. children, and others cannot be dealt with firmly so that these actions can damage the business climate. So it could be said that our legal system has not been effective in preventing cyber crime.

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